The European Court of Justice found that preemptive internet filtering …

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While Thanksgiving is an American holiday, internet service providers and users in Europe had reason to give thanks yesterday. The highest court in the European Union overturned a ruling that would have forced a Belgian ISP to preemptively filter Internet traffic to prevent the unauthorized sharing of music files.

Scarlet had appealed, focusing on European data privacy laws, saying that the ruling would in effect force the company to monitor all Internet traffic passing through its network—which would, aside from being technically unfeasible, violate the privacy of its customers. The case has been closely watched by Internet companies in Europe, which were concerned that they could be faced with similar requirements.

In its ruling, The Court of Justice upheld the right of copyright holders to file injunctions against intermediaries over illegal file sharing. But it struck down the provisions of the Belgian court ruling that required filtering, finding that the filtering provisions violated European Union e-commerce laws, and infringed on the rights of Scarlet and its customers. The broad monitoring required to filter file-sharing would "infringe the fundamental rights of [Scarlet's] customers, namely their right to protection of their personal data and their right to receive or impart information, which are rights safeguarded by the Charter of Fundamental Rights of the EU," the court panel wrote.

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Sean Gallagher
Sean is Ars Technica's IT and National Security Editor. A former Navy officer, systems administrator, and network systems integrator with 20 years of IT journalism experience, he lives and works in Baltimore, Maryland. Emailsean.gallagher@arstechnica.com//Twitter@thepacketrat